Environmental Issues in Solar Energy Projects
Pre-Project Environmental Due Diligence, Environmental Impact Review, Federal Permitting Requirements
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will provide an overview of the environmental laws and regulations governing the development of solar power projects, from small rooftop installations sited on existing buildings to utility-scale solar farms. The panel will discuss pre-project environmental due diligence, compliance with federal and state environmental impact review requirements, and compliance with federal permitting and review requirements under the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), the National Historic Preservation Act (NHPA), the Clean Water Act (CWA), and the Endangered Species Act (ESA), among others.
Outline
- Overview of the environmental laws and regulations governing the development of solar power projects
- Project siting: best practices
- Pre-project environmental due diligence: scope and best practices
- Local and state environmental permitting and impact review requirements
- NEPA
- ESA/NHPA and Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act
- CWA
- CAA
Benefits
The panel will review these and other key issues:
- What are the environmental laws and regulations governing the development of solar power projects?
- What are best practices for pre-project environmental due diligence?
- How does one comply with federal and state environmental impact review requirements?
- What are best practices for project siting?
- Under local and state siting laws, what are standard environmental and other permitting requirements?
- How do NEPA, FLPMA, CWA, ESA, NHPA, the Bald and Golden Eagle Protection Act, and the Migratory Bird Treaty Act interact and intersect?
Faculty
Shaye Maetzold Anderson
Associate
Holland & Hart
Ms. Anderson is committed to understanding the industry in which each client operates and delivering innovative... | Read More
Ms. Anderson is committed to understanding the industry in which each client operates and delivering innovative legal counsel from inception to closing. Her experience encompasses a wide range of real estate-related transactions, from property acquisition, through development, and, when necessary, disposition. She works with a range of clients across a broad spectrum of asset classes—from developers and commercial property owners, to REITs and other investors—helping guide them through the life cycle of their projects effectively and efficiently.
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Utsarga Bhattarai
Associate
Holland & Hart
Mr. Bhattarai focuses on energy and environmental law. He guides clients through regulations impacting energy... | Read More
Mr. Bhattarai focuses on energy and environmental law. He guides clients through regulations impacting energy projects and royalty payments, strategically intervenes in rulemaking process on behalf of clients, litigates agency enforcement actions and orders, defends project approvals and, when necessary, challenges agency decisions in courts. Clients benefit from Mr. Bhattarai’s past work experience involving strategic counseling and collaborative problem solving on complex national and global issues, including supply chain sustainability, disaster response and recovery, and climate change policies.
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Tina Van Bockern
Partner
Holland & Hart
Drawing on years of experience representing energy and natural resources clients on all aspects of project development... | Read More
Drawing on years of experience representing energy and natural resources clients on all aspects of project development and environmental compliance, Ms. Bockern regularly litigates and appeals agency rules, decisions, and orders affecting these industries. She counsels clients on the best practices to avoid agency enforcement actions, the benefits of proactive participation in federal rulemaking processes, strategic intervention in cases to defend favorable project approvals, and the importance of filing policy-developing challenges and appeals to protect business interests. Ms. Bockern also assists clients in appealing (or defending on appeal) trial court decisions involving a variety of substantive areas including business contracts, royalties, class actions, and high-stakes divorce.
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William Caile
Of Counsel
Holland & Hart
Mr. Caile assists clients with all phases of water supply planning, acquisition, and protection. He frequently... | Read More
Mr. Caile assists clients with all phases of water supply planning, acquisition, and protection. He frequently works with large industrial water users, including mining and oil and gas companies, as well as agricultural producers and ranchers, ski areas and resorts, and private landowners. Mr. Caile helps clients understand their options, and strategically accomplish their goals. He has experience with many matters that collaterally involve water, including real estate transactions, land use approvals, corporate acquisitions, and environmental compliance. Mr. Caile has represented clients in all seven of Colorado’s specialized Water Court divisions, as well as in adjudicatory and administrative hearings before the State Engineer, the Ground Water Commission, local government authorities, and ditch company boards.
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Natalie Cristo
Associate
Holland & Hart
Ms. Cristo assists energy and natural resource clients with routine and complex environmental transactional,... | Read More
Ms. Cristo assists energy and natural resource clients with routine and complex environmental transactional, litigation, and regulatory matters. Clients benefit from her experience spanning both scientific and legal roles in the energy and resources industries. Ms. Cristo provides practical assistance with routine and complex regulatory and transactional matters. She helps clients navigate a variety of issues including permitting, compliance, and enforcement. Ms. Cristo also helps clients with the preparation and response to state and federal regulations, with particular attention to CERCLA, RCRA, CAA, and state environmental regulations. When litigation is unavoidable, she supports clients through a range of disputes.
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Jeffrey Pope
Partner
Holland & Hart
Mr. Pope has over a decade of experience navigating complex disputes in high-stakes litigation before courts and... | Read More
Mr. Pope has over a decade of experience navigating complex disputes in high-stakes litigation before courts and administrative agencies. His experience spans dozens of trials and appeals. Mr. Pope represents a range of industries on cases involving state and federal permits, surface use and access, eminent domain, leases, royalty payments, and commercial contracts. He is also a trusted advisor to clients permitting large-scale projects through Wyoming’s industrial siting process. Mr. Pope has assisted clients in permitting carbon capture, refining, wind, and solar projects. With in-depth knowledge of the legal requirements and first-hand experience at each stage of the process, he helps clients engage with reviewing agencies to draft applications that anticipate and address potential issues and advocates for clients at contested case hearings before the Industrial Siting Council.
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Melissa Reynolds
Partner
Holland & Hart
Ms. Reynolds draws from her experience with government agencies to counsel clients on enforcement and compliance issues... | Read More
Ms. Reynolds draws from her experience with government agencies to counsel clients on enforcement and compliance issues involving natural resources, with an emphasis on water quality and water rights. She works with a variety of clients to provide counsel on water quality and environmental compliance issues that may arise during project development, operation, and closure. Ms. Reynolds also leverages her knowledge of key water legislation and state agencies to guide clients in obtaining, protecting, and using their water rights. Prior to joining the firm she worked for the Utah Attorney General’s Office: Natural Resources Division, where she acted as general counsel to the State Engineer, and developed a comprehensive understanding of Utah's water rights statutes. Ms. Reynolds employs her first-hand knowledge of state statutes to provide excellent legal service to a variety of clients navigating complex water rights issues.
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Sydney Sell
Associate
Holland & Hart
Ms. Sell helps clients in the energy and natural resources industries navigate environmental regulatory and litigation... | Read More
Ms. Sell helps clients in the energy and natural resources industries navigate environmental regulatory and litigation issues. She guides companies through a variety of environmental operational areas, including permitting, compliance, and enforcement actions. Ms. Sell also assists clients with environmental and natural resource litigation matters, including air and water quality issues, and conducts environmental due diligence on conventional and renewable energy projects.
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Sandra Snodgrass
Partner
Holland & Hart
Ms. Snodgrass practices in the areas of environmental law, public lands, and energy law, with an emphasis on NEPA,... | Read More
Ms. Snodgrass practices in the areas of environmental law, public lands, and energy law, with an emphasis on NEPA, protected wildlife, and cultural resources. She advises natural resource developers, traditional and renewable energy companies, utilities, pipeline companies, and other clients. Ms. Snodgrass understands the complex regulatory environment under federal wildlife protection laws—including the Endangered Species Act, Migratory Bird Treaty Act, and Bald and Golden Eagle Protection Act—and guides clients through the review and compliance process, ensuring projects and business objectives can advance.
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